It has been suggested that Kate Middleton will be unable to sue the photographer who took the controversial pictures of her sunbathing topless.
The snaps caused controversy around the world yesterday when they were printed in the French version of gossip magazine Closer.
And, although St James' Palace have already confirmed that legal action will be taken against the publication, it has been speculated that they will be unable to sue the individual photographer.
Left: Kate Middleton yesterday in the aftermath of the scandal (Splash News)
Right: Editor of the French edition of Closer magazine (Splash News)
Speaking to Digital Spy, Hearst Magazines' media lawyer Charlotte Jackson said: "The Duchess of Cambridge could sue the publisher for publishing the photographs in breach of her privacy.
"The photographer has not been named but if the Duchess could establish who had taken them and where they were taken she may have a claim, not for breach of privacy, but for trespassing if the photographer was on the private property when taking the photographs.
She continued: "Financially, it may not be worth bringing a claim against the photographer. It would be more beneficial to sue the publisher. To do so successfully may send a strong message to the publishing industry about the Duke and Duchess's views regarding their privacy and how they intend to deal with breaches of privacy.
"If damages were awarded, the Duchess may choose donate them to a charity of her choosing as people have done in the past."
Earlier today it was reported that an Italian gossip rag entitled Chi will also run the snaps.
PHOTOS: Kate steps out following the scandal